,i #aafth ,,congress #ast ,session ,h4 ,r4 #cdbb ,,in ,,the ,,house ,,of ,,representatives ,june #ba1 #bjai,mr4 ,grothman 7for himself1 ,mr4 ,steil1 and ,mr4 ,gallagher7 introduced the following bill2 which was referred to the ,committee on ,education and ,labor ,a ,,bill ,to amend the ,higher ,education ,act of #aife to clarify competency-based education4 #a4 ,short title ,this ,act may be cited as the ,competency-,based ,education ,act of #bjai or the ,,cbe ,act of #bjai4 #b4 ,regulatory relief 7a7 ,repeal 7#a7 ,definition of credit hour ,the definition of the term credit hour in section #fjj4b of title #cd1 ,code of ,federal ,regulations1 as added by the final regulations published by the ,department of ,education in the ,federal ,register on ,october #bi1 #bjaj 7#ge ,fed4 ,reg4 #ffidf74 7#b7 ,effect of repeal ,to the extent that regulations repealed by paragraph 7#a7 amended regulations that were in effect on ,june #cj1 #bjaa1 the provisions of the regulations that were in effect on ,june #cj1 #bjaa1 and were so amended are restored and revived as if the regulations repealed by such subparagraph had not taken effect4 7b7 ,credit hour ,the ,secretary of ,education shall not1 on or after the date of enactment of this ,act1 promulgate or enforce any regulation or rule with respect to the definition of the term credit hour for any purpose under the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja et seq474 #c4 ,definitions ,section #ajc of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjc7 is amended by adding at the end the following3 7#be7 ,competency-based education2 competency-based education program 7,a7 ,competency-based education ,except as otherwise provided1 the term competency-based education means education that-- 7i7 measures academic progress and attainment-- 7,i7 by direct assessment of a student's level of mastery of competencies2 7,,ii7 by expressing a student's level of mastery of competencies in terms of equivalent credit or clock hours2 or 7,,iii7 by a combination of the methods described in subclauses 7,i7 or 7,,ii7 and credit or clock hours2 and 7ii7 provides the educational content1 activities1 and resources1 including substantive instructional interaction1 including by faculty1 and regular support by the institution1 necessary to enable students to learn or develop what is required to demonstrate and attain mastery of such competencies1 as assessed by the accrediting agency or association of the institution of higher education4 7,b7 ,competency-based education program ,except as otherwise provided1 the term competency-based education program means a postsecondary program offered by an institution of higher education that-- 7i7 provides competency-based education1 which upon a student's demonstration or mastery of a set of competencies identified and required by the institution1 leads to or results in the award of a certificate1 degree1 or other recognized educational credential2 7ii7 ensures title ,,iv funds may be used only for learning that results from instruction provided1 or overseen1 by the institution1 not for the portion of the program of which the student has demonstrated mastery prior to enrollment in the program or tests of learning that are not associated with educational activities overseen by the institution2 and 7iii7 is organized in such a manner that an institution can determine1 based on the method of measurement selected by the institution under subparagraph 7,a77i71 what constitutes a full-time1 three-quarter time1 half-time1 and less than half-time workload for the purposes of awarding and administering assistance under title ,,iv of this ,act1 or assistance provided under another provision of ,federal law to attend an institution of higher education4 7,c7 ,competency defined ,in this paragraph1 the term competency means the knowledge1 skill1 or ability demonstrated by a student in a subject area4 4 #d4 ,general provisions relating to student assistance 7a7 ,definitions of academic year and eligible program ,section #dha of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhh7 is amended-- 7#a7 in subsection 7a71 by adding at the end the following3 7#c7 7,a7 ,for the purpose of a competency-based education program the term academic year shall be the published measured period established by the institution of higher education that is necessary for a student with a normal full-time workload for the course of study the student is pursuing 7as measured using the value of competencies or sets of competencies required by such institution and approved by such institution's accrediting agency or association7 to earn-- 7i7 one-quarter of a bachelor's degree2 7ii7 one-half of an associate's degree2 or 7iii7 with respect to a non-degree or graduate program1 the equivalent of a period described in clause 7i7 or 7ii74 7,b7 7i7 ,a competency-based education program that is not a term-based program may be treated as a term-based program for purposes of establishing payment periods for disbursement of loans and grants under this title if-- 7,i7 the institution of higher education that offers such program charges a flat subscription fee for access to instruction during a period determined by the institution2 and 7,,ii7 the institution is able to determine the competencies a student is expected to demonstrate for such subscription period4 7ii7 ,clause 7i7 shall apply even in a case in which instruction or other work with respect to a competency that is expected to be attributable to a subscription period begins prior to such subscription period4 7iii7 ,in a case in which a competency-based education program offered by an institution of higher education is treated as a term-based program under clause 7i71 the institution shall review the academic progress of each student enrolled in such program in accordance with section #dhd7;c71 except that such review shall occur at the end of each payment period4 2 and 7#b7 in subsection 7b71 by striking paragraph 7#d7 and inserting the following3 7#d7 ,for purposes of this title1 the term eligible program includes a competency-based program that-- 7,a7 has been evaluated and approved by an accrediting agency or association that-- 7i7 is recognized by the ,secretary under subpart #b of part ,h2 and 7ii7 has evaluation of competency-based education programs within the scope of its recognition in accordance with section #dif7;a77#d77;,c72 or 7,b7 as of the day before the date of enactment of the ,,cbe ,act of #bjai1 met the requirements of a direct assessment program under section #dha7;b77#d7 7as such section was in effect on the day before such date of enactment74 4 7b7 ,student eligibility ,section #dhd of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajia7 is amended-- 7#a7 in subsection 7b71 by adding at the end the following3 7#f7 ,for purposes of competency-based education1 in order to be eligible to receive any loan under this title for an award year1 a student may be enrolled in coursework attributable only to #b academic years within the award year4 2 and 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,b7-- 7,i7 by striking the student has a cumulative and inserting the following3 the student has-- 7i7 a cumulative2 2 7,,ii7 by striking the second and inserting each2 7,,iii7 by striking the period at the end and inserting 2 or2 and 7,,iv7 by adding at the end the following3 7ii7 for the purposes of competency-based programs1 a non-grade equivalent demonstration of academic standing consistent with the requirements for graduation1 as determined by the institution1 at the end of each such academic year2 and 2 and 7ii7 by adding at the end the following3 7,c7 the student maintains a pace in his or her educational program that-- 7i7 ensures that the student completes the program within the maximum timeframe2 and 7ii7 is measured by a method determined by the institution which may be based on credit hours1 clock hours1 or competencies completed4 2 7,b7 in paragraph 7#b71 by striking grading period and inserting evaluation period2 and 7,c7 by adding at the end the following3 7#d7 ,for purposes of this subsection1 the term maximum timeframe means-- 7,a7 with respect to an undergraduate program measured in credit hours1 a period that is no longer than #aej percent of the published length of the educational program1 as measured in credit hours2 7,b7 with respect to an undergraduate program measured in competencies1 a period that is no longer than #aej percent of the published length of the educational program1 as measured in competencies2 7,c7 with respect to an undergraduate program measured in clock hours1 a period that is no longer than #aej percent of the published length of the educational program1 as measured by the cumulative number of clock hours the student is required to complete and expressed in calendar time2 and 7,d7 with respect to a graduate program1 a period defined by the institution that is based on the length of the educational program4 4 7c7 ,recognition of accrediting agency or association ,section #dif of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajii;b7 is amended-- 7#a7 in subsection 7a77#d7-- 7,a7 in subparagraph 7,a71 by striking and at the end2 and 7,b7 by striking subparagraph 7,b7 and inserting the following3 7,b7 such agency or association demonstrates the ability to review1 evaluate1 and assess the quality of any instruction delivery model or method such agency or association has or seeks to include within its scope of recognition1 without giving preference to or differentially treating a particular instruction delivery model or method offered by an institution of higher education or program except that1 in a case in which the instruction delivery model allows for the separation of the student from the instructor-- 7i7 the agency or association requires the institution to have processes through which the institution establishes that the student who registers in a course or program is the same student who participates in1 including1 to the extent practicable1 testing or other assessment1 and completes the program and receives the academic credit2 and 7ii7 the agency or association requires that any process used by an institution to comply with the requirement under clause 7i7 does not infringe upon student privacy and is implemented in a manner that is minimally burdensome to the student2 and 7,c7 if such an agency or association evaluates or assesses the quality of competency-based education programs1 the agency's or association's evaluation or assessment-- 7i7 shall address effectively the quality of an institution's competency-based education programs as set forth in paragraph 7#e71 except that the agency or association is not required to have separate standards1 procedures1 or policies for the evaluation of competency-based education2 7ii7 shall establish whether an institution has demonstrated that its program satisfies the definitions in section #ajc7be72 and 7iii7 shall establish whether an institution has demonstrated that it has defined an academic year for a competency-based program in accordance with section #dha7;a77#c74 2 7#b7 in subsection 7c77#a71 by inserting or competency-based education after distance education2 7#c7 in subsection 7n77#c71 by inserting 1 or competency-based education programs1 after each occurrence of distance education courses or programs2 and 7#d7 by adding at the end the following3 7r7 ,waiver ,the ,secretary shall establish a process through which an agency or association may seek to have a requirement of this subpart waived1 if such agency or association-- 7#a7 demonstrates that such waiver is necessary to enable an institution of higher education or program accredited by the agency or association to implement innovative practices intended to-- 7,a7 reduce administrative burdens to the institution or program without creating costs for the taxpayer2 or 7,b7 improve the delivery of services to students1 improve instruction or learning outcomes1 or otherwise benefit students2 and 7#b7 describes the terms and conditions that will be placed upon the program or institution to ensure academic integrity and quality4 4